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Denmark

The Constitutional Act of Denmark of June 5, 1953

Year of current version:

2009

Date of entry into force of original text:

June 5, 1953

Date of Text (Adopted):

June 5, 1953

Type of Text:

Constitution / Basic Law

Subject Matter:

Other

Notes:

- The Constitutional Act came into force on 5 June 1953, the date on which it was published in the Danish Law Gazette. Of all Danish Acts, the Constitutional Act was engineered to be the most difficult to amend (see Part 10, Section 88, for the procedure to be followed).
- While no provision expressly recognizes and guarantees intellectual property rights, Part 8, Section 73, Subsection 1, safeguards the right of ownership: “Nobody can be ordered to relinquish his or her property except where the common good so demands. This may only take place in pursuance of an Act and in return for full compensation.” According to the explanation that follows, the Constitutional Act protects the rights that are the basis of all owners’ financial existence, and “the word property is understood in a very broad sense.”
- Of relevance to issues of competition, Part 8, Section 74, calls for the abolition of “[a]ll restrictions on free and equal access to trades . . . if such restrictions are not based on the common good.”
- Of relevance to issues of undisclosed information, Part 8, Section 77, declares, “Anyone is entitled to publish his or her ideas in print, in writing and orally, subject to the authority of the Courts.” According to the explanation that follows, a judge may enjoin a publication if it can be shown to be “very damaging” or if the author is subject to a duty of confidentiality.

Available Texts:

English

The Constitutional Act of Denmark of June 5, 1953
Main body of document 1
Part 1